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<br /> i <br /> 4.8 Relationship of the Parties. The contractual relationship between Ciry <br /> and Owner arising out of the Agreement is one of independent contractor and not agency. This <br /> Agreement does not create any third party beneficiary rights. <br /> 4.9 Notices. Any notice, tender, demand, delivery, or other communication <br /> pursuant to this Agreement shall be in writing and shall be deemed to be properly given if <br /> delivered in person or mailed by first class or certified mail, postage prepaid, or sent by <br /> telefacsimile or other telegraphic communication in the manner provided in this Section, to the <br /> following persons: <br /> If to City, to: <br /> Executive Director, Planning and Building Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza M-20 <br /> P.O. Box 1988 <br /> Santa Ana, Califomia 92702 <br /> telefarsimile (714) 667-1461 <br /> and, <br /> Ciry Attorney <br /> City of Santa Ana <br /> 20 Civic Center Plaza M-29 <br /> P.O. Box 1988 <br /> Santa Ana, Califomia 92702 <br /> telefacsimile (714) 647-6515 <br /> If to Owner, to: <br /> One Broadway Plaza, LLC <br /> 1200 N. Main Id.C <br /> 845 Broadway I.I.C <br /> 1200 North Main Street, Suite 900 <br /> Santa Ana, California 92701 <br /> attn: Michael Harrah <br /> telefacsimile (714) 543-9972 <br /> A party may change its address by giving notice in writing to the other party. <br /> Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and <br /> transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other <br /> communication shall be effective or deemed to have been given three (3) days after it has been <br /> deposited in the United States mail, duly registered or certified, with postage prepaid, and <br /> addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or <br /> other communication shall be effective or deemed to have been given twenty-four (24) hours <br /> after the time set forth on the transmission report issued by the transmitting facsimile machine, <br /> addressed as set forth above. For purposes of calculating these time frames, weekends, federal, <br /> state, County, or city holidays shall be excluded. <br /> 6 <br /> <br />